Understanding special education laws

Navigating special education can feel overwhelming, especially when English is not your first language. This page is designed to help you understand the important laws that protect your child's right to an education in New Hampshire. We'll explain key terms and your rights in simple terms.

Important laws you should know

As a parent, you have important rights and protections under the law when it comes to your child's special education. Understanding these laws helps you advocate for your child and ensure they receive the best possible support. Here are the most important things you need to know about special education laws:

IDEA- Individuals with Disabilities Act                     

It is the main law that protects children with disabilities in school. It makes sure your child gets the help they need to learn.

What IDEA gives your child:

  • Free help at school (special education services)

  • A learning plan called an IEP

  • Learning with other children whenever possible

  • Services based on your child’s needs, not their English level

  • A team that includes YOU in every decision

Why it matters?

IDEA makes sure your child is not left behind and gets the support they deserve.

 

IEP- Individualized Education Program

An IEP (Individualized Education Program) is a learning plan for your child.

It explains:

  • what your child is good at

  • what your child needs help with

  • goals for the year

  • what services the school will give

An IEP is NOT a label. It is a tool to help your child succeed

What Is a School IEP? Everything You Need to Know About Individualized Education Programs

https://youtu.be/1eeIdt8HaaE?si=U8GzexxQ1gspVRTC

 

 

ADA - Americans with Disabilities Act

ADA is a civil rights law. It protects people with disabilities in schools, public places, and the community.

What ADA guarantees:

  • No discrimination
  • Equal access to school activities
  • Safe and welcoming environments
  • Accessible buildings and programs

Why it matters:

Your child has the right to be included and treated with respect everywhere.

What is the Americans with Disabilities Act (ADA)? | ADA National Network

FERPA- Family Educational Rights and Privacy Act

FERPA protects your child’s school records.

Your rights under FERPA:

  • You can see your child’s records anytime
  • You can ask for corrections
  • The school must keep your child’s information private

Why it matters?

You stay informed and in control of your child’s educational information.

FERPA | Protecting Student Privacy

Family Rights -Your Rights in the Special Education Process

You have the right to:

1. Ask for help at any time: You can request an evaluation or meeting whenever you feel your child needs support.

2. Receive information in your home language: Schools must provide interpreters and translated documents.

3. Participate in all meetings: You are an equal member of the IEP team.

4. Agree or disagree with the school.

You can say yes or no to services, evaluations, or placements.

5. Request changes to the IEP/ISFP: If something is not working, you can request a new meeting.

6. See your child’s school records: You can ask for copies at any time.

7. Receive Prior Written Notice (PWN): The school must tell you in writing before changing services.

8. Request an Independent Educational Evaluation (IEE): If you disagree with the school’s evaluation, you can ask for an outside evaluation at no cost.

9.Use “stay-put” protections: Your child stays in their current placement if you disagree with changes.

10. Confidentiality:Your child’s information must be kept private.

11. Participate in placements decision: You help decide where your child learns

12. Meetings that fit your schedule: Meetings must be held at a time and place that works for your family.

13. Clear timelines: Evaluations must be completed within the state’s required number of days.

14. Early intervention services in natural environments: Home or community settings.

15. Receive transition planning for life after high school: This includes jobs, college, and independent living.

 

504 of the Rehabilitation Act

Section 504 helps students who need support but may not need an IEP.

What your child may receive:

  • Extra time on tests
  • A quiet space to work
  • Behavior support
  • Help with organization
  • Classroom changes that make learning easier

Why it matters?

It protects your child from unfair treatment and makes sure they can learn like everyone else

Section 504 | U.S. Department of Education

Assistive Technology Act

This law helps children get tools that support their learning.

Examples of assistive technology:

  • Communication devices
  • Tablets or apps
  • Visual schedules
  • Hearing or mobility tools
  • Special keyboards or switches

Why it matters?

These tools help your child communicate, learn, and participate more independently.

Assistive Technology Act Fact Sheet

ESSA- Every Student Success Act

ESSA supports English learners and students with disabilities.

What ESSA provides:

  • Extra help for English learners
  • Language support services
  • Monitoring of your child’s progress
  • Family communication in your home language

Why it matters:

Your child’s language and disability needs must both be supported.

Every Student Succeeds Act (ESSA)

IFSP- Individualized Family Service Plan

It is a written plan for babies and toddlers from birth to age 3 who need extra help with learning, communication, movement, or development.

The IFSP is part of Early Intervention, which is a program that supports very young children before they start preschool.

Families with infants and toddlers have the right to:

  • Services in the home or community
  • A plan that supports the whole family
  • Choose routines that work for your family
  • Participate in all decisions
  • Transition planning before age 3

The IFSP - Parent Information Center of NH

Individualized Family Service Plans (IFSPs) Tips | HeadStart.gov

What Is an IFSP? Services, Rights, and Timelines - LegalClarity

 

Transition Rights (Age 14–16 and Up)

Helping your child prepare for life after high school

When your child reaches age 14–16, the school must begin transition planning. Transition planning helps your child build the skills they need for adulthood -not just school.

Below are your child’s four transition rights, explained in simple, clear language.

1. A Transition Plan for Life After High School

Your child has the right to a written plan that explains how the school will help them prepare for adulthood. This plan includes steps for:

  • future education (college, training programs)
  • work or job training
  • independent living skills
  • community participation

This plan becomes part of the IEP and guides your child’s future.

2. Goals for Jobs, College, and Independent Living

Your child has the right to have meaningful goals based on their interests, strengths, and dreams. These goals may include:

  • learning job skills
  • preparing for college
  • practicing money management
  • learning daily living skills (cooking, cleaning, self‑care)

These goals help your child move toward independence.

3. Services That Help Build Adult Skills

Your child has the right to receive services that support their transition goals. These services may include:

  • job coaching or internships
  • life skills classes
  • travel training (learning to use buses or transportation)
  • help applying for college or jobs
  • social skills support
  • community‑based instruction

These services prepare your child for real‑life success.

4. Participate in Their Own Meetings

Your child has the right to attend and speak in their IEP meetings. They can share:

  • what they want for their future
  • what helps them learn
  • what they struggle with
  • what goals matter to them

This helps your child learn self‑advocacy - an important adult skill.

Planning for Life After High School - Parent Information Center of NH

 

Interpreter and Translation Rights

It is protected under federal civil rights rules

You have the right to:

  • A free interpreter at school meetings
  • Translated documents
  • Clear communication in your home language

Why it matters?

You should never feel confused or left out because of language.

Language Access Provisions of the Final Rule Implementing Section 1557 of the Affordable Care Act

Family Voices

 

Your child's rights are protected by law
  • In New Hampshire, the special education process and laws like IDEA (Individuals with Disabilities Education Act)
  • IEP (Individualized Education Program)
  • 504 (Section 504 of the Rehabilitation Act)
  • ADA (Americans with Disabilities Act) are in place to ensure your child receives a fair and appropriate education.
  • Other important laws include
  • ASSISTIVE TECHNOLOGY
  • ESSA (Every Student Succeeds Act)
  • FERPA (Family Educational Rights and Privacy Act)
  • IFSP (Individualized Family Service Plan)
  • TRANSITION RIGHTS
  • INTERPRETER AND TRANSLATION LAWS
  • FAMILY RIGHTS-These laws ensure your child gets the help they need, learns in a safe and supportive environment, and is treated fairly.

You have a voice in every decision
These laws work together to make sure your child is included with other children and has a team that listens to you. They also make sure you, as a parent, have a strong voice in every decision about your child's education. This means your opinions and concerns are important and must be considered.

Why understanding these laws matters
It is important to know that you are protected by law and that your child deserves a better education. You have rights like any other human being to ensure your child has equal opportunities. These laws protect your child's right to learn, grow, and succeed.

Frequently Asked Questions

What if I think my child needs help?
If you believe your child needs special education services, you can request an evaluation from the school. This request should be in writing. The school must then determine if an evaluation is needed.

What if I don't understand the paperwork?
It's common to find paperwork confusing. Always ask for explanations in simple terms and in your native language. You can also ask for copies of documents to review at home or with someone who can help you understand them.

What if I need an interpreter?
You have the right to an interpreter and translation of important documents in your home language during all meetings and communications related to your child's special education. The school must provide this service for free.

What if the school says my child does not qualify?
You can: Ask for the decision to be explained, ask for the evaluation results in your home language, request another evaluation, bring outside reports (doctor, therapist, etc.), or ask for a 504 Plan if your child still needs support. You are allowed to ask questions until you understand.

What if I want changes to the IEP?
You can request an IEP meeting at any time to discuss changes you want to make. You are an equal member of the IEP team, and your input is valuable.

What if I want my child included with other children?

Your child has the right to learn with other students as much as possible. If you want more inclusion, you can ask:

“Can we talk about ways my child can spend more time in the regular classroom?”

What if I feel nervous speaking in a meeting?

Many families feel this way.

You can:

  • Write your questions down
  • Bring a friend or advocate
  • Ask the school to slow down
  • Ask for things to be repeated
  • Ask for things to be explained in simple words

You deserve to feel comfortable and respected.

What if I need help outside of school?

here are community organizations that can help with:

  • Therapy
  • Behavior support
  • Parent training
  • Cultural support
  • Mental health
  • After‑school programs
  • Disability services

 

What if I feel alone or overwhelmed?
You are not alone. Many parents feel this way. Reach out to parent support groups, community organizations, or advocates who can offer guidance and emotional support. Our website also provides resources to help.

Your rights, your voice, your child's future

Understanding your rights empowers you to be the best advocate for your child. We are here to provide clear, easy-to-understand information to help you navigate the special education process with confidence. Together, we can ensure your child receives the education they deserve.

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